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Full Description
The post-Cold War era has seen an unprecedented move towards more legalization in international cooperation and a growth of third-party dispute settlement systems. WTO panels, the Appellate Body and investor-state dispute settlement cases have received increasing attention beyond the core trade and investment constituencies within governments. Scrutiny by business, civil society, academia, and trade and investment experts has been on the rise. This book asks whether we observe a transformation or a demise of existing institutions and mechanisms to adjudicate disputes over trade or investment. It makes a contribution to the question in which direction international economic dispute settlement is heading in times of change, uncertainty and increasing economic nationalism. In order to do so, it brings together chapters written by leading researchers and experts in law and political science to address the challenges of settling disputes in the global economy and to sketch possible scenarios ahead of us.
Contents
Introduction; 1. International economic dispute settlement: demise or transformation? Manfred Elsig, Rodrigo Polanco and Peter van den Bossche; 2. Contracting v. multilateralism in global economic governance: before, during and after the WTO Karen J. Alter; Part I. Current challenges in international trade dispute settlement: 3. Sausage-making at the WTO: looking behind the curtain of dispute settlement procedures over time Krzysztof Pelc; 4. Operationalising MPIA appeal arbitrations: opportunities and challenges Kholofelo Kugler; 5. Re-designing the mediation mechanism in future WTO dispute settlement governance Tetyana Payosova; 6. Adjudication vs. 'Frontier Justice' in international economic law disputes: the trump administration's push for unilateralism in trade enforcement Simon Lester and Huan Zhu; 7. WTO dispute settlement: 'Will of the Strongest' or 'Rule of Law'? attempting to view recent U.S. actions through the proper lens Sean Stacy; Part II. Current challenges in international investment dispute settlement: 8. A world without (Treaty-Based) ISDS?: costs and benefits Jonathan Bonnitcha, Lauge Poulsen and Jason Yackee; 9. Investment dispute settlement à la Carte: a proposal for the reform of investor-state dispute settlement Stephan Schill and Geraldo Vidigal; 10. Evidence-guided reform: surveying the empirical research on arbitrator bias and diversity in investor-state arbitration Daniel Behn, Malcolm Langford, Laura Létourneau-Tremblay and Runar Hilleren Lie; Part III. New issue areas and dispute settlement: 11. The politics of renewables: lessons for international economic dispute settlement from renewable energy-related disputes Vyoma Jha; 12. International economic dispute settlement and digital trade in services - useful multilateral principles for the emerging global regulatory landscape? Philippe Lionnet; 13. Trade's experimental compliance mechanisms Kathleen Claussen; Part IV. Regional approaches for international economic dispute settlement: 14. The future of international economic dispute resolution - an Asian perspective Locknie Hsu; 15. No lessons from the crises in the international trade and investment dispute settlement mechanisms: the African continental free trade area Malebakeng Forere; 16. The time of PTAs dispute settlement mechanisms might have come: assessing the risks Cornelia Furculiță; 17. Dispute settlement in free trade agreements as a suggested alternative to WTO dispute settlement Jenya Grigorova and Elli Zachari; Index.
